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2022.09.13_CEB_Minutes_RegularaTOWN OF HIGHLAND BEACH CODE ENFORCEMENT BOARD REGULAR MEETING MINUTES Town Hall / Commission Chambers Date: September 13, 2022 3614 South Ocean Boulevard Time: 1:00 P.M. Highland Beach, Florida 33487 1. CALL TO ORDER Chairperson Schlam called the meeting to order at 1:00 P.M. 2. ROLL CALL Board Member James Murray Board Member Robert Lasorsa Vice Chairperson Jane Perlow Chairperson Myles Schlam Town Attorney Leonard Rubin Administrative Support Specialist Ganelle Thompson ABSENT Board Member Michael Cherbini Board Member David Axelrod Board Member Bryan Perilman ADDITIONAL STAFF PRESENT Code Compliance Officer Adam Osowsky 3. PLEDGE OF ALLEGIANCE The Code Enforcement Board led the Pledge of Allegiance of the United States of America. 4. APPROVAL OF THE AGENDA MOTION: Murray/Perlow- Moved to approve the agenda as presented, which passed unanimously 4 to 0. 5. SWEARING IN OF THE PUBLIC Ms. Thompson swore in those giving testimony. Code Enforcement Board Regular Meeting Minutes Date: September 13, 2022 2of9 6. PUBLIC COMMENT Robert Lozano a Florida Licensed Asbestos Contractor provided comments in regard to asbestos issues. 7. APPROVAL OF MINUTES A. August 09, 2022 MOTION: Perlow/Murray —Moved for the approval of the minutes as presented, which passed unanimously 4 to 0. 8. UNFINISHED BUSINESS None. 9. NEW BUSINESS A. CASE NO. CC2022-05-013 Javier Alvarado Tr 3300 S Ocean Blvd. 819-C P C N: 24-43-46-33-08-005-8190 Legal Description: SEAGATE OF HIGHLAND COND 3 APT 819-C Code Sections: 30-122 (A) Building Permits Required Violations: Plumbing work without permit Chairperson Schlam read the title of Item 9.A. and asked the Board members if they had any Ex Parte communications to disclose in the matter? Hearing none, he opened the public hearing and called for Code Compliance Officer Osowsky to give testimony and recommendations regarding the violation. Code Compliance Officer Adam Osowsky provided a brief timeline of the facts of the case. He entered submittals of evidence into the record that included proof of service, supporting documents, photos taken of the property that fairly and accurately represented the violation observed during the onsite inspections, and paper postings at the property address and at Town Hall. Code Compliance Officer Osowsky mentioned that to date, no permit had been applied for and the violation remains. Therefore, the Town recommends that the Respondents be found in violation of the Town Code as alleged in the Notice of Violation, the violator be fined $250.00 per day for each day the violation remains after the date set for compliance and assess prosecution costs in the amount of $250.00 payable by the date set for compliance. Chairperson Schlam closed the public hearing and called for a motion. Code Enforcement Board Regular Meeting Minutes Date: September 13, 2022 3of9 MOTION: Murray/Lasorsa — Moved that the Respondent(s) be found in violation of the Town Code as alleged in the Notice of Violation but is now in compliance and that a do not repeat order be issued and that that $250.00 in prosecution cost be paid within 30 days. Based upon roll call, Member Murray (Yes), Member Lasorsa (Yes), Vice Chairperson Perlow (Yes), and Chairperson Schlam (Yes). The motion passed on a 4 to 0 vote. B. CASE NO. CC2022-07-001 Nicholas Perricone 4211 S Ocean Blvd. 2 PC N: 24-43-47-04-56-001-0020 Legal Description: OCEAN PLACE VILLAS CONDO UNIT 2 BLDG A Code Sections: 30-122 (A) Building Permits Required: 4-8(C) Lighting restrictions for the protection of sea turtles. Violations: Observed 3rd floor, east balcony lights on during turtle season in violation of Town Ordinance 4-8. Access was granted by James Sadler who accompanied the Building Official to the lighting violation. While having this violation corrected, it was discovered that there was constructed work being performed inside the unit without a building permit in violation of Town Ordinance 30-122(A). A stop work order was posted on the job site on 07/11/2022. Chairperson Schlam read the title of Item 9.B. and asked the Board members if they had any Ex Parte communications to disclose in the matter? Hearing none, he opened the public hearing and called for Code Compliance Officer Osowsky to give testimony and recommendations regarding the violation. Code Compliance Officer Adam Osowsky provided a brief timeline of the facts of the case. He entered submittals of evidence into the record that included proof of service, supporting documents, photos taken of the property that fairly and accurately represented the violation observed during the onsite inspections, and paper postings at the property address and at Town Hall. Code Compliance Officer Osowsky mentioned that to date, no permit had been applied for and the violation remains. Therefore, the Town recommends that the Respondents be found in violation of the Town Code as alleged in the Notice of Violation, the violator be fined $250.00 per day for each day the violation remains after the date set for compliance and assess prosecution costs in the amount of $250.00 payable by the date set for compliance. Chairperson Schlam closed the public hearing and called for a motion. MOTION: Perlow/Lasorsa — Moved that Respondent be found in violation of the Town Code as alleged in the Notice of Violation and that he be ordered to comply within 14 days or be fined $250.00 per day for Code Enforcement Board Regular Meeting Minutes Date: September 13, 2022 Page 4 of 9 each day the violation remains after the date set for compliance and assess prosecution costs in the amount of $250.00 payable by the date set for compliance. Based upon roll call, Vice Chairperson Perlow (Yes), Member Lasorsa (Yes), Member Murray (Yes), and Chairperson Schlam (Yes). The motion passed on a 4 to 0 vote. C. CASE NO. CC2022-07-002 Inna Mikhaylova 3301 S Ocean Blvd. 608 P C N : 24-43-46-33-12-000-0608 Legal Description: AMBASSADORS V SOUTH COND APT 608 Code Sections: 30-122 (A) Building Permits Required Violations: Demolition of gypsum board reportedly containing asbestos in the kitchen and a wall on the other side. Work performed in a threshold building without the required permits under the Florida Building Code (FBC). Chairperson Schlam read the title of Item 9.C. and asked the Board members if they had any Ex Parte communications to disclose in the matter? Hearing none, he opened the public hearing and called for Code Compliance Officer Osowsky to give testimony and recommendations regarding the violation. Code Compliance Officer Adam Osowsky provided a brief timeline of the facts of the case. He entered submittals of evidence into the record that included proof of service, supporting documents, photos taken of the property that fairly and accurately represented the violation observed during the onsite inspections, and paper postings at the property address and at Town Hall. Code Compliance Officer Osowsky mentioned that to date, no permit had been applied for and the violation remains. Therefore, the Town recommends that the Respondents be found in violation of the Town Code as alleged in the Notice of Violation, the violator be fined $250.00 per day for each day the violation remains after the date set for compliance and assess prosecution costs in the amount of $250.00 payable by the date set for compliance. Robert Lozano provided comments about the project and the work that needed to be done on the property. Chairperson Schlam closed the public hearing and called for a motion. MOTION: Lasorsa/Perlow — Moved that there was no violation of the Town Code as alleged in the Notice of Violation. Based upon roll call, Member Lasorsa (Yes), Vice Chairperson Perlow (Yes), Member Murray (Yes), and Chairperson Schlam (Yes). The motion passed on a 4 to 0 vote. Code Enforcement Board Regular Meeting Minutes Date: September 13, 2022 Page 5 of 9 D. CASE NO. CC2022-07-003 Jill Giles 4023 S Ocean Blvd. P C N: 24-43-47-04-00-005-0080 Legal Description: 4-47-43, N 100 FT OF S 445 FT OF GOV LT 5 E OF SR 140 A/K/A CITY LOT NO 47 Code Sections: 30-122 (A) Building Permits Required: 4-8(C) Lighting restrictions for the protection of sea turtles. Violations: Repeat complaint about exterior lights left on during turtle season at night, noticed electrical work being performed then noticed exposed framing near a fireplace. In the kitchen area, there is a bathroom that was gutted, getting a full remodel. Chairperson Schlam read the title of Item 9.D. and asked the Board members if they had any Ex Parte communications to disclose in the matter? Hearing none, he opened the public hearing and called for Code Compliance Officer Osowsky to give testimony and recommendations regarding the violation. Code Compliance Officer Adam Osowsky provided a brief timeline of the facts of the case. He entered submittals of evidence into the record that included proof of service, supporting documents, photos taken of the property that fairly and accurately represented the violation observed during the onsite inspections, and paper postings at the property address and at Town Hall. Code Compliance Officer Osowsky mentioned that to date, no permit had been applied for and the violation remains. Therefore, the Town recommends that the Respondents be found in violation of the Town Code as alleged in the Notice of Violation, the violator be fined $250.00 per day for each day the violation remains after the date set for compliance and assess prosecution costs in the amount of $250.00 payable by the date set for compliance. Chairperson Schlam closed the public hearing and called for a motion Jill Giles and Daren Bomerico provided comments about the violation on the property. MOTION: Perlow/Murray — Moved that Respondent be found in violation of the Town Code as alleged in the Notice of Violation and that he be ordered to comply within 14 days or be fined $250.00 per day for each day the violation remains after the date set for compliance and assess prosecution costs in the amount of $250.00 payable by the date set for compliance. Based upon roll call, Vice Chairperson Perlow (Yes), Member Murray (Yes), Member Lasorsa (Yes), and Chairperson Schlam (Yes). The motion passed on a 4 to 0 vote. Code Enforcement Board Regular Meeting Minutes Date: September 13, 2022 6of9 E. CASE NO. CC2022-07-005 Jamaica Manor Inc Lessee 2711 S Ocean Blvd. PC N : 24-43-46-28-63-000-0000 Legal Description: JAMAICA MANOR INC LESSEE COMMON AREA A/K/A BYRD BEACH S 10 FT OF LT 23, LTS 24 & 24-A A/K/A CITY LT NO 118 Code Sections: 30-122 (A) Building Permits Required Violations: Observed several plumbing vehicles and employees and was told they were repairing/replacing the lines.no permit on file: need to obtain a permit. Chairperson Schlam read the title of Item 9.E. and asked the Board members if they had any Ex Parte communications to disclose in the matter? Hearing none, he opened the public hearing and called for Code Compliance Officer Osowsky to give testimony and recommendations regarding the violation. Code Compliance Officer Adam Osowsky provided a brief timeline of the facts of the case. He entered submittals of evidence into the record that included proof of service, supporting documents, photos taken of the property that fairly and accurately represented the violation observed during the onsite inspections, and paper postings at the property address and at Town Hall. Code Compliance Officer Osowsky mentioned that to date, no permit had been applied for and the violation remains. Therefore, the Town recommends that the Respondents be found in violation of the Town Code as alleged in the Notice of Violation, the violator be fined $250.00 per day for each day the violation remains after the date set for compliance and assess prosecution costs in the amount of $250.00 payable by the date set for compliance. Chairperson Schlam closed the public hearing and called for a motion. MOTION: Lasorsa/Perlow — Moved that there was no violation of the Town Code as alleged in the Notice of Violation. Based upon roll call, Member Lasorsa (Yes), Vice Chairperson Perlow (Yes), Member Murray (Yes), and Chairperson Schlam (Yes). The motion passed on a 4 to 0 vote. Code Enforcement Board Regular Meeting Minutes Date: September 13, 2022 Page 7 of 9 F. CASE NO. CC2022-07-007 Joshua & Megan Davison 1015 Russell Drive Unit D PC N: 24-43-47-04-22-001-0040 Legal Description: SHAMROCK I COND UNIT D Code Sections: IPMC 303.2 Swimming pool enclosures Violations: `Life Safety Pool Barrier': Observed an open and exposed pool with a fence in disrepair. Chairperson Schlam read the title of Item 9.F. and asked the Board members if they had any Ex Parte communications to disclose in the matter? Hearing none, he opened the public hearing and called for Code Compliance Officer Osowsky to give testimony and recommendations regarding the violation. Code Compliance Officer Adam Osowsky provided a brief timeline of the facts of the case. He entered submittals of evidence into the record that included proof of service, supporting documents, photos taken of the property that fairly and accurately represented the violation observed during the onsite inspections, and paper postings at the property address and at Town Hall. Code Compliance Officer Osowsky mentioned that to date, no permit had been applied for and the violation remains. Therefore, the Town recommends that the Respondents be found in violation of the Town Code as alleged in the Notice of Violation, the violator be fined $250.00 per day for each day the violation remains after the date set for compliance and assess prosecution costs in the amount of $250.00 payable by the date set for compliance. Chairperson Schlam closed the public hearing and called for a motion Joshua Davison provided comments about the case MOTION: Perlow/Lasorsa — Moved that Respondent be found in violation of the Town Code as alleged in the Notice of Violation and that he be ordered to comply within 14 days or be fined $250.00 per day for each day the violation remains after the date set for compliance and assess prosecution costs in the amount of $250.00 payable by the date set for compliance. Based upon roll call, Vice Chairperson Perlow (Yes), Member Lasorsa (Yes), Member Murray (Yes), and Chairperson Schlam (Yes). The motion passed on a 4 to 0 vote. Code Enforcement Board Regular Meeting Minutes Date: September 13, 2022 Page 8 of 9 G. CASE NO. CC2022-08-001 1114 Belair LLC 1114 Be] Air Drive P C N : 24-43-47-04-03-000-0090 Legal Description: HIGHLAND BEACH ISLES LOT 9 Code Sections: 30-122 (A) Building Permits Required Violations: Observed exterior work being done to the front of the building without any permits for this work on file. Chairperson Schlam read the title of Item 9.G. and asked the Board members if they had any Ex Parte communications to disclose in the matter? Hearing none, he opened the public hearing and called for Code Compliance Officer Osowsky to give testimony and recommendations regarding the violation. Code Compliance Officer Adam Osowsky provided a brief timeline of the facts of the case. He entered submittals of evidence into the record that included proof of service, supporting documents, photos taken of the property that fairly and accurately represented the violation observed during the onsite inspections, and paper postings at the property address and at Town Hall. Code Compliance Officer Osowsky mentioned that to date, no permit had been applied for and the violation remains. Therefore, the Town recommends that the Respondents be found in violation of the Town Code as alleged in the Notice of Violation, the violator be fined $250.00 per day for each day the violation remains after the date set for compliance and assess prosecution costs in the amount of $250.00 payable by the date set for compliance. Chairperson Schlam closed the public hearing and called for a motion. Jose Menzes with Elysse Homes, LLC provided comments related to the case. MOTION: Perlow/Lasorsa — Moved that Respondent be found in violation of the Town Code as alleged in the Notice of Violation and that he be ordered to comply within 14 days or be fined $250.00 per day for each day the violation remains after the date set for compliance and assess prosecution costs in the amount of $250.00 payable by the date set for compliance. Based upon roll call, Vice Chairperson Perlow (Yes), Member Lasorsa (Yes), Member Murray (Yes), and Chairperson Schlam (Yes). The motion passed on a 4 to 0 vote. 10. BOARD MEMBERS REPORT None. Code Enforcement Board Regular Meeting Minutes Date: September 13, 2022 Page 9 of 9 11. ANNOUNCEMENTS Chairperson Schlam read the announcements as follows: September 21. 2022 - 5:01 P.M. Town Commission Special Second Public Hearing Budget Meeting September 28, 2022 - 9:30 A.M. Natural Resources Preservation Advisory Board Special Meeting October 10, 2022 - Town Hall Closed in Observance of Columbus Day October 11, 2022 - 1:00 P.M. Code Enforcement Board Regular Meeting October 13, 2022 - 9:30 A.M. Planning Board Regular Meeting October 27, 2022 - 11:30 A.M. Financial Advisory Board Regular Meeting 12. ADJOURNMENT The meeting adjourned at 2:12 P.M. APPROVED October 11, 2022, Code Enforcement e 6lar/Meetin . 5 of•µ...... N . ; pRPOq ,O M' lest. Schlam, Chairperson ATTEST: 0 1949 n X Transcribed by: Ganelie Thompson S * PORI CL October 11, 2022 Date pport Specialist Disclaimer: Effective May 19, 2020. per Resolution No. 20-008, all meeting minutes are transcribed as a brief summary reflecting the event of this meeting. Verbatim audio/video recordings are permanent records and are available on the Town's Media Archives & Minutes webpage: https://highlandbeach-fl.municodemeetings.com